mandement van spolie

mandement van spolie
An order (restitutory interdict) handed down by a Court on application, originating in Roman Dutch Law where a person (spoliator) is compelled to return a thing that has been taken unlawfully. The case turns on possession, not ownership. In South African Law, a mandement van spolie can even be brought by a thief where the owner unlawfully retrieves the thing stolen.

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